Disposed

Sunny v. State of Kerala

Kerala HC5 Jul 2016Crl.MC/4166/2016

Case brief

AI extract

What is this about?

The Kerala High Court rejected a petition seeking bail and recall of a non-bailable warrant. The petitioner, absent due to contumacious conduct, was directed to surrender within two weeks and apply for bail to the trial court, which must act promptly.

What did the court decide?

Directed petitioner to surrender within two weeks and seek recall of warrant and bail from trial court; Magistrate to consider application on merits.

Sunny Vs State of Kerala — Bail and Remand | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 5TH DAY OF JULY 2016/14TH ASHADHA, 1938

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Crl.MC.No. 4166 of 2016

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LP.42/2014 OF CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR CRIME NO. 2407/2011 OF TOWN EAST POLICE STATION , THRISSUR

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PETITIONER(S)/ACCUSED NO.2:

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SUNNY, AGED 43 YEARS, S/O.OUSAPH, THATHRATHIL PONMANI VEEDU, CHILANKA BEACH ROAD, VADAPPALLI, THRISSUR DISTRICT.

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BY ADVS.SRI.M.G.SREEJITH SMT.SOMIA EASO

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RESPONDENT(S)/STATE:

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STATE OF KERALA, REPRESENTED BY SUB INPSEPCTOR OF POLICE, THRISSUR EAST POLICE STATION, THRISSUR DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA - 682031.

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BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-07-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.MC.No. 4166 of 2016

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APPENDIX

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PETITIONER(S)' ANNEXURES

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ANNEXURE A1: CERTIFIED COPY OF THE CHARGE SHEET IN LP.NO. 42/2014 IN THE FILES OF THE JUDICIAL MAGISTRATE COURT, THRISSUR

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RESPONDENT(S)' ANNEXURES

NIL.

/ TRUE COPY /

P.S. TO JUDGE

RAJA VIJAYARAGHAVAN.V, J

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----------------------------------------

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Crl.M.C. No.4166 of 2016

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----------------------------------------Dated this the 5^th day of July, 2016

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O R D E R

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1.In this petition filed under Section 482 of the Code of Criminal Procedure, the Petitioner who faces prosecution in a case now pending as L.P. No 42 of 2014 on the file of the Chief Judicial Magistrate Court, Thrissur seeks for issuance of appropriate directions to the learned Magistrate to consider his application for recall of warrant

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and grant of Bail on the date of surrender itself and to grant him Bail.

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2.It was owing to the contumacious conduct of the petitioner, that Non Bailable Warrant was issued against him to secure his presence before the court below. This court in exercise of powers under Section 482 of the Code

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of Criminal Procedure will not be justified in interfering with the discretion of the learned Magistrate in granting

Crl.M.C.4166/2016

bail.

3.It is for the petitioner to approach the learned Magistrate and appraise the reasons for his absence and to seek for recalling the warrant and grant of Bail. There is no reason for this Court to assume that the learned Magistrate will not exercise his discretion judicially and in accordance with law.

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4.In the result, the petitioner is directed to surrender before the trial court within 2 weeks from the date of this order and prefer application for recall of warrant and also for grant of bail with advance notice to the prosecutor concerned. In that event the learned Magistrate is directed to consider and dispose of the said application, preferably on the same day itself, on its merits and in accordance with law.

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Petition is disposed off as above.

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Sd/RAJA VIJAYARAGHAVAN.V. JUDGE

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vps

Sunny v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sunny v. State of Kerala

Case brief

What is this about?

What did the court decide?

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